Before the objections of Justice, the Government will review its project to transfer the protected witness program

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Finally, Mauricio Macri will not sign for now the decree that establishes the transfer of the protected witness protection program to the judicial orbit. It happens that in the last hours members of the judicial table of the national government heard some objections raised by authorities of different organs of Justice that indicated that the text could be challenged by some technical shortcomings.

In particular, they argue that assuming custody of defendants and witnesses whose criminal responsibilities have to be tried in the same area would not be the most convenient. They also say that the program requires the intervention of the security forces and for that they require attributions that they do not have today. Similarly, there are questions about the budget needed to finance the initiative.

Infobae agreed to the text of the decree that the government intended to publish tomorrow in the Official Gazette, something that will not happen in the end. In its 6th article, it sti[CENSORED]tes that “all the assets, assets and assets affected to the National Witness and Imputed Protection Program” must be transferred to the Magistracy Council, for the exclusive use of the Program.

On the other hand, in Article 4, the Chief of Staff is empowered to “carry out the budgetary restructuring that may be necessary to meet compliance with this (decree) until the General Budget is approved”.

And in article 5 that “the necessary resources (finally) will be included in the General Budget for the National Administration with imputation to the budget program 'Justice of Cassation' of the Council of the Magistracy, from the year following the date of this act "

The outgoing President seeks to ensure that the program continues under an authority independent of the political power of the day. Last night, when the first versions of the decree emerged, Alberto Fernández said in social networks that he was never consulted about this initiative.

Among the fundamentals used by the administration of Cambiemos in the text that is under review by Minister Germán Garavano, he explains that the Program “for the first time incorporated people who provided information in judicial investigations related to crimes that would have been committed in the exercise of the public function from the National Executive Power ”and that - that is why -“ could generate the incongruity that the design of the security plans with respect to the witnesses and accused under the care of the Program is in charge of those who depend hierarchically and functionally of people involved in such judicial investigations. ”

It even recognizes that “recently, the protected persons themselves, expressing uncertainty about the future development of their security plans and their continuity within the Program, a circumstance on which the mass media have realized”, which “could affect the incentives for other people to collaborate with judicial investigations. ”

And he even accepts "that the concern has reached civil society, which promoted a campaign to gather accessions to demand that the Honorable National Congress transfer the Program to the orbit of the Judiciary." He also notes that a prestigious non-governmental organization dedicated to transparency and institutional strengthening (refers to Citizen Power) has formulated a requirement in the same direction "to the Ministry of Justice.Finally, the text defines the Program as an instrument of the Judiciary and, in that sense, evaluates the Federal Chamber of Criminal Cassation as the most convenient area to assume responsibility for the protection of witnesses “for its nature as the last federal criminal court and only judicial structure in the matter with territorial competence in the whole Argentine Republic ”.